Federal and state laws generally require employers to limit their interview questions to those that are essential for determining if a person is qualified for the job. In general, employers should not ask about race, gender, religion, marital status, national origin, or age because that information is irrelevant in determining if an applicant is qualified for the job. Also, federal law expressly prohibits employers from making pre-employment inquiries about an applicant’s disability.
Illegal interview questions are those that single an individual out for reasons that are contrary to employment anti-discrimination laws. It is prohibited to ask these questions in any context, but if a question has discriminatory implications or employment is denied based on the applicant’s answer, the employer may have broken the law. As an overall rule, employers should limit their interview questions to those that are job-related and should discourage applicants from providing unsolicited personal information.
The following are examples of illegal or inadvisable questions.
Marital Status
What is your marital status? How many kids do you have? What are your childcare arrangements?
Pregnancy
Questions relating to pregnancy and medical history concerning pregnancy. For example—are you able to have children? Do you plan to have more children?
Physical Health
Are you taking prescribed drugs? How many sick days did you take last year? Have you ever filed a worker’s compensation claim?
Age
Any question that tends to identify applicants 40 or older. For example—When did you graduate from high school or college? What is your birthday?
Gender
Any inquiry that relates to an applicant’s sex, unless it is a bona fide occupational qualification and is essential to the position. For example—do you wish to be addressed as Mr., Mrs., Miss, or Ms.?
National Origin
How did you acquire the ability to speak a foreign language?
What language is spoken in your home?
Race
Any question that directly or indirectly relates to an applicant’s race. For example—what is your race? What is your complexion?
Religion
Any question that directly or indirectly relates to an applicant’s religion, unless the religion is a bona fide occupational qualification for the position. For example—what religious holidays do you observe? What church do you attend?
Criminal Record
Inquiries relating to arrests or convictions. For example—have you ever been arrested for a crime? (Being arrested does not mean he or she engaged in criminal conduct. Also, many states have adopted “ban the box” laws that prohibit inquiries concerning criminal history until after a conditional job offer has been made.
Sexual Orientation
Any inquiries directly or indirectly related to sexual orientation or gender identity. For example—what is your sexual orientation? What is your spouse’s gender? Whom do you live with? Do you identify yourself as a man or a woman?
Some of these questions are permissible after a job offer is made if there is a business necessity.
Employers can find more information about laws prohibiting employment discrimination on the EEOC website.
https://www.eeoc.gov/employers
Georganne Weeks is the HR Manager at ConceptHR, where she leverages her extensive experience of over 33 years to navigate the complex and fluid HR world. She holds a Professional in Human Resources Certification and is a member of the local/national SHRM Chapter.
Her leadership and knowledge have enabled her to successfully guide companies from all industries through the intricacies of government regulations. For 15 years, she has supported hundreds of clients for ConceptHR.
If you have questions about today’s article or any HR issue you are having, please email info@concepthr.com.
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